Letter to Congress re: Airline industry influence

We are writing in reference to the airline industry’s influence on members of Congress and how such influence may be manifested through gifts, discounts, perks, and VIP treatment. Such disclosure is critical because Congress wields major authority over the airlines.

According to the Congressional Research Service, approximately 4% of the Members Representational Allowance—totaling about $20 million—was spent on official travel in FY2016. (fas.org/sgp/crs/misc/R40962.pdf). Chapter 3 of the House Ethics Manual, published by the House Committee on Ethics, addresses much but not all of Congressional travel policy. This document clearly states that government rates for airlines, hotels, and car rental companies are “available ONLY [emphasis ours] for official travel.” (ethics.house.gov/travel-information/official-travel-paid-official-funds)

However, the interpretation of these policies is often left to individual members. For example, the manual further notes: “Free travel, mileage, discounts, upgrades, coupons, etc. awarded at the sole discretion of a company as a promotional award may be used at the discretion of the Member or the Member’s employee. The Committee [on House Administration] encourages the OFFICIAL [emphasis ours] use of these travel promotional awards wherever practicable.”

Members of Congress are effectively receiving a personal benefit of free air travel of at least 1-2% of the cost of their air travel expense paid for by US taxpayers. So, for $20 million of government air travel, members receive at least $200,000 worth of tax-free personal air travel. If a government employee were to receive 1% cash for whatever the government paid to a vendor, it would certainly be classified as illegal; but because it’s in-kind, it has escaped ethics and anti-corruption laws.

As most members are weekly flyers, there is a symbiotic relationship they have with airlines that perhaps explains their unwillingness to rein in airline abuses and that gives this particular industry a special relationship with Congress not enjoyed by others.

WAIVER OF FEES:
With few exceptions (e.g., Southwest Airlines), domestic carriers impose hefty fees and/or nonrefundability clauses on nearly all domestic ticket purchases. However, the House Ethics Manual states: “The Committee has also issued a general gift rule waiver permitting Members to make multiple reservations for official travel if offered by an airline.” (ethics.house.gov/travel-information/official-travel-paid-official-funds) While House ethics rules may allow such waivers, it’s unclear if certain airlines offer them to members of Congress while simultaneously not offering such waivers to the general public.

OTHER ISSUES:
Multiple reports from nonprofit organizations and media outlets in recent years have detailed many other VIP perks for members of Congress by the airline industry:

In light of these matters, we are writing to request that you share information that should be public on whether airlines, airport authorities, and/or government agencies have provided you or your staff with favors and privileges not provided to the general public, including frequent flyer rewards status and the amount of free personal air travel accumulated or used at government and taxpayer expense. We have detailed such privileges below. Please share what your office has accepted and declined.